PB School Board clears official in whistleblower case

June 18, 2014|By Scott Travis, Sun Sentinel

Palm Beach County's top watchdog won't be disciplined after the School Board rejected claims that he violated a whistleblower's rights.

An independent report commissioned by the School Board said Lung Chiu, the district's inspector general, had broken federal laws in the way he handled complaints by his former executive secretary, Marlene Verbiest, who had worked for him 17 years.

Verbiest alleged she had been working overtime without pay. When she stopped working long hours, Chiu retaliated against her by seeking to get her transferred, according to the report written by West Palm Beach lawyer Christine Hanley. Verbiest requested and was granted a transfer to another department.

But five of seven board members said the report left them with doubts that Chiu did anything wrong.

"I've been asked to accept a document that to me has holes in it," Board member Debra Robinson said. "It appears to me that it has opinions that do not have enough supporting documentation."

Chiu's lawyer, Margaret Cooper, argued it was Verbiest's responsibility to properly keep up with her hours. She said Chiu talked to human resources officials about ways to resolve his employee's growing discontent, not to retaliate against her.

Cooper and some School Board members said the case shouldn't fall under whistleblower statutes. They said this not corruption, just a case of two people not getting along.

"There was no breaking of any federal law or statute from what I've seen," Board member Mike Murgio said.

Board members Jennifer Prior Brown and Karen Brill dissented, saying the report raised questions about the ethics of Chiu, who is charged with rooting out unethical behavior.

"We have a top whistleblower official who I believe doesn't understand the whistleblower law," Brown said. "At the very least, our inspector general needs considerable additional training."

Chiu couldn't be reached after the meeting. Verbiest said she was disappointed.

"Basically, Mr. Chiu and his legal counsel had all the airtime, and they didn't seem interested in what I had to say," she said.

It's rare that a complaint of this nature goes to the School Board. Most are handled by the superintendent or district offices. But Chiu reports directly to the School Board, requiring it to intervene.

The case dragged on for months because School Board members couldn't decide what to do with the initial findings. They sent it to the Audit Committee, which reviewed it for three hours but came up with no conclusions.

"If this has had happened in a different setting, it may have been handled in a matter of a day," Board Chairman Chuck Shaw said. "It's a flaw in the system, and it's a difficult position."